Loading...
HomeMy WebLinkAbout2005-05-18 Planning & Zoning Advisory Board Minutes • MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Commission Chambers Wednesday, May 18, 2005 7:00 P.M. ROLL CALL7:02:57 PM Edward Bourgeois - Present Also Present: Lottye Crooms - Absent Laurence Leeds, AICP, Director Community Development George Jason - Present Corinne Church, AICP, Principal Planner Patrick Schilling - Present Thomas Ansbro, City Attorney Dr. Paul Fetscher - Present Lou Ann Cunningham, Board Clerk Motion to excused Lottye Crooms. Motion made by George Jason, seconded by Edward Bourgeios to excuse Lottye Crooms. Motion passed unanimously. NEW ITEMS 1) The City of Dania Beach is requesting the following relating to property located at the southwest corner of SW 45 Street and SW 30 Avenue, in Dania Beach: RZ-21-05 - Rezoning request to change the zoning from R-1C (Broward County single family residential) to RS-6000 (City of Dania Beach single family residential). SE-22-05 - Special Exception use to allow the construction of a municipally owned and operated Fire Station and BSO Substation. 7:04:41 PM City Manager, Ivan Pato, addressed the board describing the request by the City. Laurence Leeds, AICP, Director of the Community Development Department,; addressed the board indicating that as part of the recent bond referendum, City of Dania Beach voters approved the construction of a municipal fire station which would include a Broward Sheriff's Office substation. Mr. Leeds indicated that staff is moving forward with pre-development preparations to construct a Fire Station/BSO Substation on the property; Mr. Leeds described the allowed uses in the RS-6000 zoning district as opposed to the R-1 C zoning district. He then described the special exception designation for the site. Broward Sheriff Office Chief Bryan Cowart addressed the board describing the substation facility that would be housed at the site. Mr. Leeds further stating that staff is recommending approval of the rezoning from R-1 C to RS-6000, and approval of the special exception subject to the following conditions: 1) Approval limited to Fire Station and BSO Substation only. 2) Enclosed building area not to exceed 11,600 square feet. 3) Vehicular access to be provided along SW 30' Avenue (No vehicular access along SW 45th Street). 4) Special exception approval shall not be effective until City Commission's approval of the formal site plan package. 7:14:33 PM Item opened for public comment: Chairman Fetscher limited the public heari�g to 5 minutes each. Planning and Zoning Advisory Board Minutes MAY 18,2005 1 • • David Weisman, Attorney representing Susan Coryell who's property is adjacent to the proposed fire station. Spoke against the request. 7:19:48 PM Susan Coryell Spoke against the request indicating that she felt it would negatively affect her property and way of life. 7:24:19 PM Cindy Harris spoke against the request indicating that she felt it would negatively affect the property value of her home. 7:26:11 PM Patrick Vaccarro had questions regarding the oak trees at the site. Mr. Leeds indicated he would address the landscaping at the end of the public hearing. 7:26:49 PM Keith O'Brien had questions relating to the special exception and would like to see how the site plan would impact the surrounding homes. 7:28:56 PM Maria Bates spoke against the placing of the fire station at this site. 7:31:35 PM Jay Fields spoke indicating that he feels there are other alternatives for the site. 7:36:15 PM Bob Donovan had questions regarding the site which were addressed by Mr. Leeds. Mr. Donovan also questioned alternative uses for the site. 7:41:06 PM William Sirola spoke against the sitting of the fire station at this location. 7:42:04 PM Claire Donovan spoke against the fire station being located at this site, feels it will negatively affect the value of her home. 7:44:01 PM Maryann Abbott spoke against the fire station being located at this site. 7:45:27 PM Daniel Thomson spoke against the fire station being located at this site. 7:49:19 PM Harry Hill spoke against the fire station being located at this site. Hearing no one and seeing no one further, the public hearing was closed. 7:49:59 PM Laurence Leeds, AICP, Community Development Director, addressed the board to address the questions by the public during the public hearing. Mr. Leeds indicated the objective is to preserve or relocate on-site as many Oak trees as is reasonably possible. Mr. Leeds also stated that single family homes could not be built on this site due to an incompatible land use plan designation of "Community Facility". Mr. Leeds concluded describing the preliminary square footage for the footprint of the site plan. Fire Chief Kenneth Land addressed the board answering questions relating to the proposed site plan. Chief Bryan Cowart commented on the proposed interview room that would be placed in the building. The board discussed cutting through the median for access from 30th Avenue and ongoing meetings with staff and the county on this issue as well as the emergency traffic light at the site. Discussion of the city property in which Ms. Coryell is currently using for her driveway. Planning and Zoning Advisory Board Minutes MAY 18,2005 2 Mr. Leeds indicateMat the city would dedicate this piecetan easement fbir the property owner. Further discussion regarding a buffer wall and investigation of other sites in the area. Chief Land indicated that there were 8 different sites investigated by staff and the City Commission. Chief Land addressed the boards question regarding noise at the site and the affects of the"slow light"to be installed. Hearing no further discussion by the board a motion made by George Jason, seconded by Edward Bourgious recommending approval of rezoning request RZ-21-05. Chairman Fetscher recognized a resident coming in late and reopened the public hearing allowing him to speak. Rick Buckner spoke against placing the fire station at this site. Hearing and seeing no one further the public hearing was closed. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - No 8:1.9:07 PM Susan Coryell wanted to know why if the city didn't have the site plan ready, why did we have to change the zoning. Hearing no further discussion by the board a motion made by George Jason, seconded by Edward Bourgeois, to recommend approval Special Exception request SE- 22-05 with conditions by staff. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - No 2) SP-16-05 — The applicant, Bonnie Miskel, Esquire, on behalf of Leonard Stolar Trustee, requests the site plan approval, to allow the construction of a 10 story, 112 residential unit condominium building and associated parking for property located at 109 SW Park Street (vacant parcel located directly south of City Hall). 8:22:32 PM Bonnie Miskel, Attorney with the firm Ruden McClosky, representing the petitioner addressed the board giving a brief overview of the request. Ms. Miskel introduced 'Ralph Choeff, Architect. Mr. Choeff addressed the board described the proposed site plan. Corinne Church, AICP, Principal City Planner, addressed the board describing the request for a 10 story, residential condominium building. Ms. Church described the items which were previously approved by the City Commission. Ms. Church further indicated that the building setbacks are generally consistent with both the CRA Plan and "Downtown Design Guide Book". In addition, staff has requested that the applicant dedicate sufficient rigot-of-way along Park Road to increase the roadway pavement width from 18 to 24 feet. Ms. Church confirmed that the city's landscape consultant indicates the plan meets all 'city landscape requirements. Ms. Church presented the plan and the remaining commen s by city staff relating to fire protection and architecture, concluding that staff is recomme ding approval subject to the following conditions which have been incorporated into the staff report for acknowledgement by the petitioner: 1. Applicant (or his attorney) sign and acknowledge agreement with those conditions, subject to any modifications by the City Commission. Planning and Zoning Advisory Board *Utes MAY 18,2005 3 2. Applicant to •are and record deed restriction Porceable against subsequent pP prepare 9 q owners) to voluntarily limit use of this parcel to condominium development. Voluntary restriction shall be reviewed by the City Attorney and recorded prior to issuance of any building, paving, water, or sewer permits (Community Development). 3. Applicant to prepare and file condominium documents disclosing (i) south runway expansion plan and potential impacts, and (ii) development potential of adjacent property pursuant to the CRA and Comprehensive Plan. Rental restrictions (frequency and duration) shall also be included. Document language to be approved by City Attorney and filed with State prior to issuance of any building, paving, water, or sewer permits (Community Development). 4. Proof of payment of the Local Activity Center School Impact Fees to Broward County must be provided prior to issuance of a building permit (Community Development). 5. Payment of $537,600 Local Park Impact Fee prior to issuance of any building, paving, water, or sewer permits. The fee is based on 20% of the appraised value of the site as required by Section 19-71, 19-72, and 19-73 of the City Code. Appraisal submitted to staff at the January 19, 2005 Planning and Zoning Board meeting (Community Development). 6. Proposed double check valve detector valve shall be located outside the building's "collapse zone" (Public Services). 7. Prior to issuance of any development permits, applicant to enter into an agreement or letter of understanding, approved by the City Attorney, whereby the applicant agrees to provide necessary water and sewer improvements (including off-site improvements) sufficient to meet the demands of the proposed use (City Attorney/Public Services/City Engineering Consultant). Per 8. Staff reserves the right to require additional revisions pending submission of a complete site plan, including but not limited to the following (Community Development): a) Entryway signage must indicate a height restriction of 6' 8" within the garage. First floor of the garage shall be high enough to accommodate handicapped vans and some service vehicles, including vehicular entrances. b) Prior to issuance of any development permits, applicant to provide additional right-of-way as per the approved site plan and engineering specifications. c) Prior to issuance of any development permits, applicant to provide five (5) feet of right-of-way adjacent to SW Td Avenue to allow for future roadway expansion. d) Prior to issuance of any development permits, applicant to submit construction plans showing improvements to Park Street, SW 1st Avenue, and SW 3rd Avenue. Mr. Leeds addressed the board addressing the water service issues to the site. The board questioned if sufficient sewer is provided. City Attorney Thomas Ansbro indicated that he has been meeting with the petitioner's attorney on the outstanding infrastructure issues. Attorney Miskel discussed the progress being made with the water and sewer issues. Opened the item for public comment: Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board a motion made by George Jason, seconded by Patrick Schilling, to recommend approval of site plan request SP-16-05 incorporating staffs conditions. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes Planning and Zoning Advisory Board Minutes MAY 18,2005 4 1 • • 3) Zoning Code Text Amendment: Establishment of a Residential-Office (RO) Zoning District. Mr. Laurence Leeds, AICP, Director Community Development Department, 'addressed the board describing the proposed addition of a Residential-Office (RO) zoniwhg district and proposed uses associated with the district. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board a motion made by Edward Bourgeois, seconded by George Jason, to recommend approval of the Zoning Code Text Amendment relating to Establishment of a Residential-Office (RO) Zoning District. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 4) Zoning Code Text Amendment: Establishment of a Planned Residential Development (PRD-1) Zoning District. Mr. Laurence Leeds, AICP, Director Community Development Department, addressed the board describing the proposed addition of a Planned Residential Development (PRD-1) zoning district and proposed uses associated with the district. Mr. Leeds indicated that this district is intended to allow single family, two family and town home developments. Chairman Fetscher opened the item for public comment hearing no one and seeing no one, the public hearing was closed. The board expressed concern regarding the encouragement of two-family homes. Mr. Leeds indicated that staff can add a provision for 80 x 100 dimensions for two-family homes and requirements for each half of the duplex to be platted as a separate parcel. Mr. Leeds further indicated that this district would be limited to gated community developments and would not allow duplexes to be constructed individually in existing neighborhoods. Hearing no further discussion by the board, a motion made by Patrick Schilling, seconded by George Jason, to recommend approval of Zoning Code Text Amendment relating to Establishment of a Planned Residential Development (PRD-1) Zoning District. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 5) Zoning Code Text Amendment: Amending the C-2 Zoning District to Regulated Slot Machines as a Special Exception Use. 8:50:33 PM Mr. Laurence Leeds, AICP, Director Community Development Department, :addressed the board asking City Attorney Ansbro to describe the proposed changes to the C-d (Commercial) zoning district relating to the regulation of slot machines as a special exception use. i Planning and Zoning Advisory Board Minutes MAY 18,2005 5 City Y Attorne Thoma•Ansbro described for the board the ices with the new slot machine legislation and zoning code issues which need to be addressed which would possibly affect the city. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board a motion made by Edward Bourgeois, seconded by George Jason, to recommend approval of Zoning Code Text Amendment relating to amending the C-2 Zoning District to Regulate Slot Machines as a Special Exception Use. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 6) Zoning Code Text Amendment: Parking requirements, pool setbacks and home occupations Mr. Laurence Leeds, AICP, Director Community Development Department, addressed the board describing the proposed changes to the city's parking requirements. 8:54:31 PM Mr. Leeds briefly described the amendments to the parking code indicating changes relating to single family homes, apartments, and townhouses. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board a motion made by Patrick Schilling, seconded by George Jason, to recommend approval of Zoning Code Text Amendment relating to Parking requirements. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 6b) Zoning Code Text Amendments to pool setbacks and home occupations: Mr. Laurence Leeds, AICP, Director Community Development Department, addressed the board describing the proposed changes to the supplemental use regulations. Mr. Leeds described the proposed amendment to setbacks for swimming pools decks, currently not addressed in the code. Mr. Leeds addressed the amendment to the permitted uses for home occupations, which would allow home offices as a permitted use. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Hearing no further discussion by the board a motion made by George Jason, seconded by Edward Bourgeois, to recommend approval of Zoning Code Text Amendment relating to Pool Setbacks and Home Occupations. Motion passed on the following roll call: Edward Bourgeois - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes Planning and Zoning Advisory Board Minutes MAY 18,2005 6 Board discussion George Jason will be on vacation for the next Planning and Zoning board meeting. Meeting Adjourned 9:03:37 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED- REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON,CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A.PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE.IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Advisory Board Minutes MAY 18,2005 7